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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 556 OF 2025 Between: J Meena, W/o. J.Srinivasulu, Aged about 48 years, Occ Business, R/o. D.No. 7/82, Eguvakuravanka, Mysorebank Colony, Madanapalle, Annamayya District-517 325, A.P. ...PETITIONER AND
1. The State Of Andhra Pradesh, Represented by its Principal Secretary, Industries and Commerce (Mines-ll) Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh.
2. The Director of Mines and Geology, 5th and 6th Floors Anjaneya Towers, Ibrahimpatnam Vijayawada, Krishna District.
3. The District Mines and Geology Officer, Chittoor District.
4. The Divisional Mines and Geology Officer Madanapalli, Anamayya District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an
order, direction, writ more particularly Writ of Mandamus declaring the impugned Proceedings NO.70/RQL/RM and
BS/2023 dated 23.08.2024 of the 3 Respondent in rejecting my application for grant of renewal quarry lease for road, metal, building stones to an extent of 0.860 hectors in Sy.No.1072 of Basinikonda Village, Madanapalli Mandal, Anamayya District as illegal, improper, unjust, arbitrary, contrary violative of principles of natural justice and set aside the same direct the Respondents No.2 and 3 to renew the Petitioners lease of road, metal and building to law and and further application dated 19.05.2023 for quarry stones to an extent of 0.860 hectors in Sy.No.1072 of Basinikonda Village Madanapalli Mandal, Anamayya District lA NO: 1 OF 2025 under Section 151 CPC praying that in the circumstances Petition stated in the affidavit tiled in support of the petition, the High Court may be pleased to direct the Respondents No.2 & 3 to permit the Petitioner to operate quarry lease for road, metal and building stones over an extent of 0.860 hectors in Sy.No.1072 of Basinikonda Village, Madanapalli Mandal District forthwith pending disposal of the above Writ Petition. Anamayya Counsel for the Petitioner(s): SRI. K RAGHU VEER Counsel for the Respondent Nos.1 to 4: GP FOR MINES AND GEOLOGY The Court made the following: ORDER
APHC01000615202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 556/2025 [3310] Between; ...PETITIONER J Meena AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.K RAGHU VEER Counsel for the Respondent(S):
1 .GP FOR MINES AND GEOLOGY The Court made the following;
ORDER This Writ Petition is fiied under Articie 226 of the Constitution of india for the following relief;- may be pleased to issue an order, direction, writ more particularly declaring the impugned Proceedings No.70/RQL/RM Respondent in rejecting the lease for road, metal. Writ of Mandamus and BS/2023 dated 23.08.2024 of the 3' petitioner's application for grant of renewal quarry . Gilding stones to an extent of 0.860 hectors in Sy.No.l072 of Basinikonda Viilage Madanapalli Mandal, Anamayya District as illegal, improper, unjust arbitrary, contrary to law and violative of principles of natural justice and and further direct the Respondents Nos.2 and 3 to dated 19.05.2023 for quarry lease of set aside the same the Petitioner's application renew
2 road, metal and building stones to an extent of 0.860 hectors in Sy. No.1072 of Basinikonda Village, Madanapalli Mandal, Anamayya District and pass such... of the petitioner in brief is that the petitioner made an lease for road, metal and building stones on
2. The case application for grant of quarry
12.10.2009. The 2""' respondent granted lease for a period of 10 years from 12.10.2009 to 11.10.2019. The petitioner filed an application on 02.07.2019 for grant of renewal of quarry lease in Sy.No.1072 of Basinikonda village, Madanapalli Mandal and her application has been processed by the called for ground reports. The 2"^^ respondent issued from 24.08.2022 to 31.03.2023, thereafter neither extended, then the petitioner filed W.P.No.4022 an respondents and addendum granting lease her application renewed nor of 2023 seeking a less than 5 years in Sy.No.1072 to an village, Madanapalli Mandal, Annamayya District. direction from this Court to extend the lease period for not extent of 0.860 hectors at Basinikonda While the matter stood thus, the 2"“ respondent issued notice for fee of Rs.12,25,300/-. Accordingly, the said amount 31.03.2022 through CFMS transaction. Thereafter notice dated 19.10.2023 directing the payment of seigniorage has been paid by her on the 3^^ respondent issued a show cause petitioner to submit explanation as to why action should not be taken to reject the quarry lease application due to public safety. Subsequently, the petitioner
25.10.2023. However, the 3"'^ has submitted her detailed explanation on respondent issued the impugned proceedings NO.70/RQL/RM&BS/2023
3 dated 23.08.2024 rejecting her renewal application in one line order on the ground that the reply submitted by her is not convincing. Questioning the same, the present Writ Petition came to be filed.
Heard Sri K.G.Krishna Murthy, learned senior counsel, representing Sri K.Raghuveer,
learned counsel for the petitioner and the learned Government Pleader for Mines and Geology, appearing for the respondents.
3. On hearing, the learned counsel for the petitioner submits that though the petitioner has submitted an explanation, dated 25.10.2023 to the show cause notice issued by the 3'^'^ respondent, but without considering the same, the respondents have rejected the application of the petitioner, which is illegal and arbitrary. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders.
4. ; 1 Per contra, learned Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in this Writ Petition and prays to dismiss the same.
5. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader appearing for the respondents, without touching the merits of the case, this Court intends to dispose of the petition while directing the respondents to consider the explanation submitted by the petitioner dated 25.10.2023, subject to payment of any due amount, and pass
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4 4^ appropriate reasoned orders in accordance with law within a period of three (03) months from the date of receipt of a copy of this order.
7. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
8. As a sequel, miscellaneous applications pending, if any. shall stand closed.
Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SE(SriO^^O^ICER To,
1. The Principal Secretary, Industries and Commerce (Mines-ll) Department, Secretariat, Velgapudi, Guntur District, Andhra Pradesh. The Director of Mines and Geology, 5th and 6th Floors Anjaneya Towers, Ibrahimpatnam Vijayawada, Krishna District. The District Mines and Geology Officer, Chittoor District. The Divisional Mines and Geology Officer Madanapalli, Anamayya District. One CC to Sri. K Raghu Veer, Advocate [OPUC] Two CCs to GP For Mines And Geology .High Court Of Andhra Pradesh. [OUT] THREE CD Copies
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- / /< cc HIGH COURT DATED:08/01/2025
ORDER WP.No.556 of 2025 16 IAN 2''25 6», 5' . Current Section Ms£esPATCVV€5s^ DISPOSING OF THE WP WITHOUT COSTS